( 1 ) APPEAL No. 28 of 1967 arises out of the Judgment in O. S. 53 of 1964 on the file of the Subordinate Judge, Rajahmundry passing a preliminary decree in favour of the plaintiff in terms thereof. Appeal No. 381 of 1967 and the un-numbered appeal (SR1448/67) are directed against the decision in O. S. No. 54 of 1964 passing a preliminary decree. 2nd defendant in O. S. No. 53 of 1964 preferred appeal No. 28 of 1976; defendants 2 and 3 in O. S. No. 54 of 1964 and the 6th defendant the very same suit preferred appeal NO. 381/67 and the un-numbered appeal respectively.

( 2 ) THE plaintiff instituted O. S. No. 53 of 1964 for recovery of Rupees 14,000/- on the foot of Ex. A-2 dated 4-1-1952, a registered mortgage deed executed by the 1st defendant; and O. S. No. 54 of 1964 for recovery of a similar amount of Rs. 14,000. 00 on the foot of Ex. A-1 mortgage executed on the same date i. e. , 4-1-1952 by the 1st defendant for himself and on behalf of his minor sons, defendants 2 and 3. Though the defendants are different in each of the two suits, the plaintiff (1st respondent in these appeals) is common to both the suits. As the defenses raised by the contesting defendants in